Florida District Courts of Appeal, 2015

J.C. v. Department of Children

J.C. v. Department of Children
Florida District Courts of Appeal · Decided August 5, 2015 · Fernandez, Rothenberg, Scales
172 So. 3d 515; 2015 Fla. App. LEXIS 11710; 2015 WL 4640846 (Southern Reporter, Third Series)

J.C. v. Department of Children

Opinion of the Court

PER CURIAM.

Appellant J.C: appeals a final judgment of the trial court terminating her parental rights with respect to her daughter. We find the order on appeal to be less than precise in articulating that (i) J.C. materially breached her case plan, and (ii) J.C. would be unlikely or unable to comply substantially with the case plan by the time of its expiration.

We conclude, however, that record evidence, together with the trial court’s detailed consideration of J.C.’s conduct, support a finding that (i) J.C. materially breached her case plan, as provided in section 39.806(l)(e)2. of the Florida Statutes, and (ii) clear and convincing evidence in the record establishes that J.C. would be unlikely or unable to comply substantially with the case plan within its twelvemonth duration. We agree with the Department of Children & Families that citation to section 39.806(l)(e)l. in the conclusion of the trial courfs order constitutes harmless error.

Affirmed.

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